Environmental Law Commons^™

Advocating For The Future, John C. Dernbach, Irma S. Russell, Matthew Bogoshian

Faculty Works

Attorneys in our varied roles need to step up and address the climate crisis for the sake of every person and for the public good. All lawyers must be sustainability lawyers now. This article explains why; it also offers an illustrative set of suggestions on how to get started and what to do.

Reconsidering Nepa, Brigham Daniels, Andrew P. Follett, James Salzman

Indiana Law Journal

The National Environmental Policy Act (NEPA) ushered in the modern era of environmental law. Thanks to its environmental impact statement (EIS) provision, it remains, by far, the most litigated environmental statute. Many administrations have sought to weaken the law. The Trump administration, for example, put into place regulations that strictly limit the EIS process, which the Biden administration seems poised to roll back. For the most part, however, NEPA has shown remarkable staying power and resilience since its passage just over fifty years ago. As a result, its legislative history remains relevant. But the accepted history of NEPA is deeply …

Past The Tipping Point, But With Hope Of Return: How Creating A Geoengineering Compulsory Licensing Scheme Can Incentivize Innovation, Brooke Wilson

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the patenting of geoengineering technologies and issues arising from the early stages of this high-risk, high-reward technology. This Note focuses on one possible solution to solving the issues surrounding the patenting of geoengineering technology: Creating a specialized compulsory licensing scheme.

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and …

The Case For A Climate-Smart Update Of The Africa Mining Vision, Perrine Toledano, Martin Dietrich Brauch, Karan Bhulwaka, Kojo Busia

Columbia Center on Sustainable Investment Staff Publications

The 2009 Africa Mining Vision (AMV) provides guidance for the industrialization of African countries by leveraging their mining sector. However, the global context has changed since its adoption. As a result, it does not include guidance on how governments should embrace the climate change agenda as an opportunity for better and further industrialization, deeper linkages, and sustainable development.

There are many ways to look at the implications of international climate change policy for Africa, including through the increased extraction of minerals needed in clean energy application and the greening of mines. The localization of global value chains – induced by …

2021 Final Butte Reduction Works (Brw) Smelter Area Mine Waste Remediation And Contaminated Groundwater Hydraulic Control Site Phase Iii Quality Assurance Project Plan (Qapp), Pioneer Technical Services, Inc.

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Greening The Trust: Enforcing Pennsylvania's Environmental Rights And Duties To Combat Climate Change, Julia E. Sappey

William & Mary Law Review

Over the last century, humans have warmed the planet by approximately 1.0°C. Pennsylvania’s average temperature has risen 1.8°F in the last hundred years, and climate scientists predict it will warm an additional 5.4°F by 2050. These rising temperatures create feedback loops, leading to warming that will eventually become irreversible. Warmer temperatures have already led to melting ice caps, rising sea levels, dangerous weather patterns, and food shortages. Human-produced greenhouse gases (GHG) are the largest contributing factor to this warming. The scientific community largely agrees that if humans do not reach carbon neutrality by 2050, damage to the climate will be …

Siting Wind Energy Projects In Virginia: Recommendations For Addressing National Security Concerns Through State Permitting Processes, Erika Bosack, Dana Mirsky, Anna Nicholson, Christopher Sanborn

Virginia Coastal Policy Center

This white paper first explains the federal and state wind energy siting approval processes and the military’s current involvement in those processes. In particular, the paper focuses on permit-issuing agencies as opposed to policy-making agencies. Parts I and II outline the federal and state permitting process, respectively. In Part III, the paper discusses the military’s concerns regarding wind energy siting. Part IV moves to the current status of Virginia’s onshore and offshore wind industries. Part V analyzes two case studies: Block Island Wind Farm in Rhode Island and the Pantego Wind Energy Facility in North Carolina. Finally, Part VI synthesizes …

Smart Cities And Sustainability: A New Challenge To Accountability?, Iria Giuffrida

William & Mary Environmental Law and Policy Review

From 1800 to today, the global population has shifted from only three percent living in an urban environment to well over fifty percent in 2020. As a result of urbanization, cities around the world struggle to manage traffic and waste, efficiently distribute utilities, and lower pollution to slow the progression of global warming. Smart city technologies have emerged as a tool to process cities’ various forms of data collected through networks of precisely placed sensors and map solutions to many of the environmental and social issues created by urbanization. For swelling metropolitan areas in the United States, China, and Europe …

The Recent Federal Withdrawal Of Limitations On Supplemental Environmental Projects And Importance To Environmental Justice Initiatives, Christina Giordanella

Cardozo Journal of Equal Rights & Social Justice

The note discusses the significance of Supplemental Environmental Projects (SEPs) in advancing environmental justice, particularly benefiting low-income and minority communities. It highlights the Biden administration's reversal of Trump-era restrictions on SEPs, which previously limited their use. The article argues that SEPs are legally valid tools supported by Congress through various environmental statutes and court rulings, despite challenges from the Trump administration. It emphasizes the need for explicit Congressional authorization to secure the future of SEPs and expand their use in settlements.

The Rule Of Five Guys, Lisa Heinzerling

Michigan Law Review

A Review of The Rule of Five: Making Climate History at the Supreme Court. by Richard J. Lazarus.

An Interdisciplinary Approach To Community-Engaged Research Surrounding Lead In Drinking Water In The Mississippi Delta, Kristine L. Willett, Stephanie E. Showalter, Catherine M. Janasie, Josephine P. Rhymes, Kennedy Dickson, John J. Green

Journal of Rural Social Sciences

Childhood lead poisoning is a problem requiring interdisciplinary attention from toxicology, public health, social sciences, environmental law, and policy. In the U.S., Mississippi was ranked as one of the worst states for lead poisoning with limited childhood screening measures. We conducted community-engaged research by working with leaders in the largely rural Mississippi Delta region from 2016-2019 to collect household water samples and questionnaires and involve their communities in lead poisoning risk awareness and outreach. Drinking water from 213 homes was collected and analyzed for pH and lead concentrations. Highest lead concentrations were from households served by private wells, and detectable …

A Dark And Bloody Battle Ground: Wetland Preservation In Kentucky, Jane Marie Watts

Journal of Natural Resources & Environmental Law

No abstract provided.

Landmarks And City Hall: How Historic Preservation Contributes To Municipal Government, Frank B. Gilbert

Journal of Natural Resources & Environmental Law

No abstract provided.

National Solid Wastes Management Association V. Meyer: The Dormant Commerce Clause Claims Another Environmental Victim, Eric Anthony Braun

Journal of Natural Resources & Environmental Law

No abstract provided.

Reclamation And Groundwater Restoration In The Uranium Milling Industry: An Assessment Of Umtrca, Title Ii, John D. Collins

Journal of Natural Resources & Environmental Law

No abstract provided.

Shared Management Of Reasonable Risk: Implications For Environmental Assessment And Monitoring, Vern R. Walker

Journal of Natural Resources & Environmental Law

No abstract provided.

States' Powerful New Shield To Guard Water Resources: Pud No. 1 Of Jefferson County V. Washington Department Of Ecology, W. Blaine Early Iii

Journal of Natural Resources & Environmental Law

No abstract provided.

Kentucky's Efforts To Protect Its Groundwater: Uniqueness And Uniformity Among The States, Melanie S. Marrs

Journal of Natural Resources & Environmental Law

No abstract provided.

Preclusion Of Citizens' Suits Under The Clean Water Act, Elizabeth Mckinney

Journal of Natural Resources & Environmental Law

No abstract provided.